Councillor dragged to court
CHIPINGE TOWN COUNCIL vice chairperson Clr Elijah Mugidho (MDC Alliance) was on Wednesday dragged to court for allegedly depriving a resident a stand which he had sold to him.
Hardlife Muhondo dragged Mugidho, who represents Ward 7, to Chipinge Magistrate Civil Court, seeking his eviction from stand number 4443 middle density. Chipinge magistrate Mr Poterai Gwezhira is presiding over the matter.
Muhondo said sometime in 2015 he entered into agreement with Mugidho to buy a stand number 4443 medium density at a cost of $7000.
The councillor is now refusing to vacate the stand.
“I am praying for an eviction order of Clr Mugidho from stand number 4443, which I bought from him in 2015.
“I want him to vacate the stand because I want to develop it. I have finished paying the $7000 he quoted me for the stand and another $600 in arrears owed to council.
“What is worrying me is that he has developed my stand. The respondent is now playing tricks despite swearing before the commission of oath that the stand is now mine. Your Worship, after I discovered that Mugidho is playing tricks, I then went to my stand and built a structure, and as it stands now, the two of us are staying at the same stand,” said Muhondo.
According to the agreement of sale which this paper has in possession, Mugidho confirmed selling the stand in question to the applicant.
“I Elijah Mugidho with ID Number 75-261732 E 13 do swear that I have sold the stand number 4443 medium density, Chipinge, to Hardlife Muhondo, residing at ZRP Triangle. The value of the stand is $7000 (seven thousand dollars). A deposit of $5000 has been paid, leaving a balance of $2000. The balance shall be paid in $500 monthly instalments (starting the end of) October 2015,” reads part of the affidavit.
Through his attorney Mr Langton Mhungu, of Mhungu and Associates, Mugidho opposed the application claiming it lacked legal basis.
“Your Worship, I am praying that the court dismisses this application as it lacks legal basis. The applicant and respondent entered into agreement of sale, not ownership issues, hence the respondent has no right to evict my client. Again my client sold a non-developed stand to the applicant, but I am surprised that he is now claiming to own a stand on which a four-roomed house has been developed. The applicant was given another stand by my client, which he has already put water connections and a structure.
‘‘He is now raising a voice after the Department of Physical Planning condemned his stand. Therefore, your Worship, I am praying that the court to dismisses the matter,” said Mr Mhungu.
The matter was remanded to November 6 for judgement.